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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for applications for writs of habeas corpus |
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based on relevant evidence discrediting scientific evidence |
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presented at trial. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 4, Article 11.07, Code |
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of Criminal Procedure, is amended to read as follows: |
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(a) If a subsequent application for writ of habeas corpus is |
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filed after final disposition of an initial application challenging |
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the same conviction, a court may not consider the merits of or grant |
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relief based on the subsequent application unless the application |
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contains sufficient specific facts establishing that: |
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(1) the current claims and issues, including a claim |
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that scientific evidence presented at trial has been discredited, |
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have not been and could not have been presented previously in an |
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original application or in a previously considered application |
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filed under this article because the factual or legal basis for the |
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claim was unavailable on the date the applicant filed the previous |
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application; or |
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(2) by a preponderance of the evidence, but for a |
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violation of the United States Constitution no rational juror could |
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have found the applicant guilty beyond a reasonable doubt. |
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SECTION 2. Subsection (a), Section 5, Article 11.071, Code |
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of Criminal Procedure, is amended to read as follows: |
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(a) If a subsequent application for a writ of habeas corpus |
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is filed after filing an initial application, a court may not |
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consider the merits of or grant relief based on the subsequent |
|
application unless the application contains sufficient specific |
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facts establishing that: |
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(1) the current claims and issues, including a claim |
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that scientific evidence presented at trial has been discredited, |
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have not been and could not have been presented previously in a |
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timely initial application or in a previously considered |
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application filed under this article or Article 11.07 because the |
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factual or legal basis for the claim was unavailable on the date the |
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applicant filed the previous application; |
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(2) by a preponderance of the evidence, but for a |
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violation of the United States Constitution no rational juror could |
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have found the applicant guilty beyond a reasonable doubt; or |
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(3) by clear and convincing evidence, but for a |
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violation of the United States Constitution no rational juror would |
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have answered in the state's favor one or more of the special issues |
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that were submitted to the jury in the applicant's trial under |
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Article 37.071, 37.0711, or 37.072. |
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SECTION 3. The change in law made by this Act applies only |
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to an application for a writ of habeas corpus filed on or after the |
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effective date of this Act. An application for a writ of habeas |
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corpus filed before the effective date of this Act is governed by |
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the law in effect at the time the application was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |